SCMA 323 Lecture Notes - Lecture 5: Class Action, Service Of Process
2 Feb 2017
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Federal question: you are in prison and the guards are beating you up; cruel and unusual punishment. Diversity jurisdiction: both parities are of different states 9(or countries, removal. In personam jurisdiction: court has jurisdiction over the plaintiff (subject matter) Doesn"t mean the court will hear the case. Must have venue (court is the proper location to file suit) Need evidence of venue: service of process for the defendant (defendant must be on notice that he is being sued); automatic for the plaintiff. How they are conducted: plaintiff person who brings the suit, seeking relief. In criminal cases, the plaintiff is the government: defendant person who is against whom suit is brought, pleadings the various papers that are filed in a law suit. Plaintiff must bring complaint to the court: name party, name facts, name relief. Complaint determined in federal court (plaintiff) Motion for judgment determined in state court (plaintiff) Response determined by federal court (defendant)
